Employment Law

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Employment law question. At will, but contracted W2
Physician hired as W2 employee for a hospital 9/3. Position started 10/1. Had worked for same employer continuously since 1/2018 but at average of 12 hrs every other week. New position was for 60 hrs per pay period. Unit is closing next week with only 1 week notice. Affects 8 physicians with varying schedules from 0.1-0.9FTE. The schedule is made 3 months in advance and we have committed to the schedule for the rest of the year or through 12/31/19. They want to talk about severance tomorrow and how only some people are eligible. I believe it should be a factor of the total shifts scheduled through the end of the year. All of us are over 40 but the unit closure is only a reduction in services at the hospital. Of note: all the W2 non physician staff are being given options of severance pay. We cannot change our availability for other hospitals bc the schedules are already made. I believe it had to be known my contract was not entered into in good faith because I was led to believe this was a permanent position and was put in as a place filler. They were not transparent. I would never have signed for an increase in hours, letting go of positions elsewhere , for a position that wasn't even going to last for greater than 1 month.… read more
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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